英国土地权益裂化之法理分析

Analysis on the Disintegration of Landed Interests in UK

英国土地权益在封建封土制的基础上裂化,此种裂化表现为不同权利人对于土地利益的分割和保有。英国土地权益在时间、内容上进行裂化,使得土地所有权退隐且土地权利呈现权利束之特征。英国土地权利体系建立在土地权益裂化基础上,土地权利体系围绕土地利用而非土地所有加以构建,只有掌握土地权益裂化原由及其影响,才能准确理解英国财产法的相关理论知识。

In UK,the disintegration of landed interests is based on infeudation and it causes the landed interests to be divided and held by different people.As time goes and the content of land interest changes,the disintegration of landed interests appeared as a disappearance of 'ownership',which leads to a 'bundles of rights'.The landed rights and interests in UK is based on such a disintegration;The system of landed interests is not built based on the land but the use of land.Only by grasping the origin of disintegration and its cause can we understand the relative theory of property law in UK.